48ANo further applications for protection visa after refusal or cancellation

48A  No further applications for protection visa after refusal or cancellation

 (1) Subject to section 48B, a non‑citizen who, while in the migration zone, has made:

 (a) an application for a protection visa, where the grant of the visa has been refused (whether or not the application has been finally determined); or

 (b) applications for protection visas, where the grants of the visas have been refused (whether or not the applications have been finally determined);

may not make a further application for a protection visa, or have a further application for a protection visa made on his or her behalf, while the non‑citizen is in the migration zone.

 (1AA) Subject to section 48B, if:

 (a) an application for a protection visa is made on a non‑citizen’s behalf while the non‑citizen is in the migration zone; and

 (b) the grant of the visa has been refused, whether or not:

 (i) the application has been finally determined; or

 (ii) the non‑citizen knew about, or understood the nature of, the application due to any mental impairment; or

 (iii) the non‑citizen knew about, or understood the nature of, the application due to the fact that the non‑citizen was, at the time the application was made, a minor;

the non‑citizen may not make a further application for a protection visa, or have a further application for a protection visa made on his or her behalf, while the non‑citizen is in the migration zone.

 (1AB) If:

 (a) an attempt was made to remove a non‑citizen from the migration zone under section 198 but the removal was not completed; and

 (b) the non‑citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d);

then, for the purposes of this section, the non‑citizen is taken to have been continuously in the migration zone despite the attempted removal.

Note: Paragraph 42(2A)(d) relates to the travel of a non‑citizen to Australia after an attempt to remove the non‑citizen has been made under section 198.

 (1A) For the purposes of this section, a non‑citizen who:

 (a) has been removed from the migration zone under section 198; and

 (b) is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(da) or (e);

is taken to have been continuously in the migration zone despite the removal referred to in paragraph (a).

Note: Paragraphs 42(2A)(da) and (e) relate to the travel of a non‑citizen to Australia after the non‑citizen has been removed from Australia under section 198.

 (1B) Subject to section 48B, a non‑citizen in the migration zone who held a protection visa that was cancelled may not make a further application for a protection visa while in the migration zone.